Court No. - 44
Case :- APPLICATION U/S 482 No. - 45376 of 2018 Applicant :- Abdul Sattar @ Guddu And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of the instant 482 Cr.P.C. application, the applicants sought prayer for quashing the NBW issued against the applicants vide order dated 16.05.2014 passed by proceedings of case no. 115 of 2005, arising out of NCR No. 188 of 2004, under Sections 323, 504 and 506 IPC, P.S. New Agra, District Agra pending in the Court of learned Special C.J.M., Agra.
But at the outset learned counsel has categorically submitted that he does not want to press the above prayer is that extent only or address the court on merits of the case and accordingly, the present 482 Cr.P.C. application stands dismissed.
The only prayer sought by the learned counsel for the applicants is that a direction may be given to learned courts below to decide the bail application expeditiously, and the learned court below may be directed not to issue coercive measure to procure the attendance of the applicant on their solemn undertaking by the learned counsel for the applicants that their client are keen and willing to cooperate and participate in the trial.
This Court directs that no coercive action shall be taken against the applicant in case no. 115 of 2005, arising out of NCR No. 188 of 2004, under Sections 323, 504 and 506 IPC, P.S. New Agra, District Agra pending in the Court of learned Special C.J.M., Agra for a period of 45 days from today.
During this period in the event the bail application is moved by the applicant, the courts below is directed to deal and decide in accordance with law in the light of the ratio laid down in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P..
With the aforesaid directions, this application is finally disposed of.
It is made clear that no further time would be granted beyond 45 days in any case for this purpose.
Order Date :- 19.12.2018/Abhishek Sri.